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SOCIAL SECURITY ADMINISTRATION
Office of Disability Adjudication and Review

HALLEX
Volume I

Transmittal No. I-5-469

Division 5: I-5-4-69

Subject: Martinez v. Astrue

Background

On September 24, 2009, the United States District Court for the Northern District of California approved a nationwide class action settlement agreement. The Martinez settlement changed the types of felony arrest warrants used to prohibit payment of Retirement Survivors and Disability Insurance (RSDI), Supplemental Security Income (SSI), and Special Veterans Benefits (SVB). It also changed the type of felony arrest warrants that preclude selecting an individual to serve as a representative payee.

SSA may also now consider applications to serve as representative payees from individuals who have an unsatisfied felony arrest warrant for other offense codes, although SSA still considers warrant information as one of several factors in deciding whether a person is suitable to serve as a representative payee. This settlement has no effect on how SSA implements the requirements in the Social Security Act regarding nonpayment or non-selection of individuals with unsatisfied warrants for an alleged violation of probation or parole.

Explanation of Content

This temporary HALLEX section provides instructions on how to process certain fugitive felon non-payments and non-selections of representative payees.

Date: May 27, 2011